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Question
Legal Principle: When there is an infringement of the legal right of a person, he gets a right to sue the wrongdoer for remedy irrespective of any actual loss caused.
Fact Situation: Saroj is prevented from voting at an election. The candidate she intended to vote for, wins the election.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Options
Saroj’s legal right has been violated and she can sue the persons who prevented her from voting
Since Saroj‘s candidate has won the election, her rights are not violated and she cannot sue.
Since Saroj is not the candidate, her rights are not violated if she is prevented from voting.
This principle is not at all applicable in this case.
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Solution
Saroj’s legal right has been violated and she can sue the persons who prevented her from voting
Explanation:
Infringement. The encroachment, breach, or violation of a right, law, regulation, or contract. The term is most frequently used in reference to the invasion of rights secured by Copyright, patent, or trademark. Right endowed upon by law is called legal right. We all have rights and at the same time, we need to ensure that we do not take away or violate someone else's rights. This is our legal duty. When we fail to perform or incorrectly perform our legal duties, we end up violating someone else's rights and in turn commit a tort. Thus in the case presented before us Saroj's right to vote was infringed and whether or not any damage was caused still she has the right to sue the wrongdoer.
Hence "Saroj’s legal right has been violated and she can sue the persons who prevented her from voting" is correct.
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What is the Compensation Act 2006 s 1 has what purpose...
PRINCIPLE Where a dangerous article escapes, the owner shall be strictly liable for the harm which comes without being at fault.
FACTS Bhopal Gas Co. was in the business of manufacturing chemicals that produced a large amount of toxic residue. As per procedure, they used to store the waste in insulated boxes and hand it over to the collecting van of the municipal corporation once a week. After one such collection, the van driver drove negligently resulting in the escape and spilling of the contents of one of the waste barrels. Is Bhopal Gas Co. liable?
Which follow from the application of the undermentioned legal principle:
Legal Principle: The occupier of premises owes a duty of care to all his invitees and visitors.
Factual Situation:
Devi who was the owner of a big home with a compound wall, constructed an underground tank to store water. This was covered by jute bags since the work was incomplete. The postman who came inside to deliver registered letter fell into this tank and hurt himself. There was also a box on the outside of the compound wall, where all the mail could be deposited. The injured man filed a suit against Devi claiming compensation.
Assertion (A): In the event of a violation of any legal right (tort) the aggrieved party is entitled to recover damages as determined by the court.
Reason (R): The object of awarding damages to the aggrieved party is to put him in the same position in which he would have been in the wrong would not have been committed. Damages are, therefore, assessed on that basis.
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal principle: Whoever stores a substance that could cause damage to escape shall be absolutely liable (i.e. liable even when he has exercised necessary care) for any damage caused by the escape of the substance.
Factual situation: Union Carbide India Limited (UCIL) manufactured methyl isocyanate, an extremely toxic gas. Due to a storm, the gas that was being stored in sealed containers got released. Before much could happen, the local municipal authorities managed to contain the disaster. The authorities filed a suit against UCIL for the costs that were incurred in decontamination. However, later it was realized that the clean-up by the authorities could have been done without spending as many resources and the damage was not that significant. UCIL argued that it would pay only part of the amount demanded by the authorities, which could have dealt with the contamination. DECISION:
Apply the legal principles to the facts given below and select the most appropriate answer:
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3. Volenti non-fit injuria is a defense to action in negligence.
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A team of scientists imported a virus for the purpose of research. They carried out research on their premises into foot and mouth disease in cattle, and they were apparently responsible for the escape of some virus. As a result, there was an outbreak of foot and mouth disease in the area, and the Minister of Agriculture ordered two markets to be closed. This caused some of the traders, who were two firms of auctioneers, to suffer a loss of profits on a total of six market days, from which they sought to recover. Decide whether the scientists owed a duty of care towards the traders?
